DEPORTATIONS of failed Zimbabwean asylum-seekers will continue to be suspended until October at least, when the courts reassess conditions.

The Home Office promised yesterday to consider releasing about 30 failed asylum-seekers who are in custody awaiting deportation to Harare.

Mr Justice Collins told a High Court hearing on the legality of returning failed asylum-seekers that conditions in the country had worsened.

“I think everyone will accept that the situation has deteriorated because of the so-called slum clearances,” he said. “There is also the attacks on non-governmental organisations who involve themselves in any way in a manner of which the Government disapproves.”

The Home Office denied claims by counsel for a failed asylum-seeker that officials had arranged a flight for today to remove some of those being detained.

Mr Justice Collins said: “If that has been done it should have been cancelled. I hope it was not. If (the Home Secretary) has spent money arranging flights he has been extremely foolish.” The judge adjourned three test cases on the legality of returning failed asylum-seekers until the Asylum and Immigration Tribunal (AIT) looks at new evidence about conditions in Zimbabwe. The tribunal will then produce guidance for judges hearing asylum appeals.

Mr Justice Collins had been due to hear submissions by failed asylum-seekers that they would be in danger of being ill- treated and abused if they were sent back. Kwanlea Moyo, Norman Chizema and Godswill Ndebele, who are being held in Dover reception centre, say that they worked for the opposition MDC in Zimbabwe.

Ian Bennett, QC, for the Home Office, asked for the case to be adjourned for the consideration and investigation of a large amount of new and “important” evidence that had been provided by the Refugee Legal Centre on the situation in Zimbabwe.

He said that there had been no opportunity for the Home Office and Foreign and Commonwealth Office “here and overseas to consider the material and form proper judgments about it”.

Mr Bennett said that about 30 failed Zimbabwean asylum-seekers were in detention awaiting removal from the country. He said the justification for them remaining in custody would be reviewed on a case by case basis.

Mr Justice Collins said: “However many there are, they should be reconsidered because there is no immediate removal.”

A Home Office spokeswoman said after the hearing: “Our policy on enforcing the return of failed asylum-seekers to Zimbabwe has not changed. However, in light of the court’s decision, deferral of enforced removals of failed asylum-seekers will continue, pending the AIT hearing.”

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